Loading...
HomeMy WebLinkAbout7326RESOLUTION NO. 7326 A RESOLUTION APPROVING A STATE OF COLORADO HOUSING GRANT CONTRACT BETWEEN THE CITY OF PUEBLO AND THE DEPARTMENT OF LOCAL AFFAIRS DIVISION OF HOUSING FOR $131,000 PROVIDING HOUSING REHABILITATION FUNDS FOR THE NEIGHBORHOODS OF HYDE PARK, BRADFORD AND MINNEQUA AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section I. The State of Colorado Housing Grant Contract between Pueblo, a Municipal Corporation and the Department of Local Affairs, Division of Housing, a copy of which is attached hereto and incorporated herein, having been approved by the City Attorney, is hereby approved. The President of the City Council of the City of Pueblo is authorized and directed to execute the Agreement for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest the same. INTRODUCED: March 28 , 1994 By SAMUEL CORSENTINO Councilperson 4C,7 Ci -Clerk Form 6- AC -02A (R 1/88) 1193 -076 DEPARTMENT OR AGENCY NUMBER NAA CONTRACT ROUTING NUMBER CONTROL NUMBER STATE OF COLORADO HOUSING GRANT CONTRACT THIS CONTRACT, Made this ;�'W day of _ 1994, by and between the State of Colorado for the use and benefit of the DEPARTMENT F LOCAL AFFAIRS, DIVISION OF HOUSING, 1313 Sherman Street, #323, Denver, Colorado 80203, hereinafter referred to as the State, and City of Pueblo, #1 City Hall Place, Pueblo, Colorado, 81003 , hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains availab for payment in Fund Number Appropriation Code I Org. No. R_ , GBL No. 4US Contract Encumbrance Number C and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, in accordance with 24 -32 -705 C.R.S. 1973, as amended, the State is empowered to provide funds to public and private non - profit entities to induce at least equal non -State investments for the construction, rehabilitation and acquisition of housing for low- income families and persons; and WHEREAS, the Contractor is one of the political subdivision, public or private non - profit entities organized under the law of the State of Colorado as a non - profit corporation in good standing in the State of Colorado with federal income -tax exempt status and eligible to receive State funds; and WHEREAS, certain physical conditions exist in houses located in the State, Colorado, which pose danger to the health, welfare, and safety of low- and moderate - income occupants; and, WHEREAS, The Division of Housing has approved the proposed project of the contractor. NOW, THEREFORE, it is hereby agreed that Scope of Services. In consideration for the monies to be received from the State, the Contractor shall do, perform and carry -out in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services ", set forth in the attached Exhibit A, hereinafter referred to as the "Project ". Work performed prior to the execution of this contract shall not be considered part of this Project. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Tony Berumen , an employee or agent of Contractor, who is hereby designated as the administrator -in- charge of this project. At any time the administrator -in- charge is not assigned to this project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator -in- charge and the State receives notification of such replacement assignment. Page 1 of 9 Pages Time of Performance. This Contract shall become effective upon proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the attached Scope of Services. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Scope of Services. 4. Definition of Eligible Beneficiaries. Eligible beneficiaries are defined for the purposes of this Contract, as those persons whose household income does not exceed 80% of the area median income, as set forth in the Exhibit B, which is attached hereto and incorporated here in by reference, or as subsequently promulgated in writing by the State. Fair Housing Provision. The Contractor agrees to comply with the letter and spirit of the Colorado Fair Housing Act of 1959, as amended, and other applicable laws respecting discrimination in the showing, renting, leasing or sale of housing or vacant land, including trailer spaces, duplexes and private homes. The law prohibits discrimination based on race, creed, color, sex, national origin, ancestry, physical handicap and marital status. Compensation and Method of Payment. State shall pay to Contractor a total amount not to exceed One Hundred Thirty One Thousand and NO /100 Dollars, ($131,000) . Payment of funds for approved program activity(ies) shall be made upon written request from Contractor using the State - provided form. Contractor may request payment for reimbursement of actual eligible expenditures or for eligible obligated expenses. Contractor shall maintain and submit documentation that said expenses existed at the time of request. No part of said State share shall be used for program planning, development or administration. The method and time of payment shall be made in accordance with the "Payment" set forth herein. The proposed total funding for said program to provide adequate housing for low and moderate income households is approximately Two Hundred Ninety Thousand and NO /100 Dollars ($290,000) of which the State share is One Hundred Thirty One Thousand and NO /100 Dollars ($131,000) and Contractor non -State matching share is approximately One Hundred Fifty Nine Thousand and NO /100 Dollars ($159,000) . In no event shall Contractor non -State matching share be less than State share. If Contractor non -State matching share is less than State share, the State share shall be reduced to amount of available contractor non -State matching funds. Financial Management. At all times from the effective date of this Contract until completion of this Contract, the Contractor shall establish and maintain, as a separate set of accounts, or as an integral part of its current accounting system, accounts for the Project to assure that Project funds including State funds, matching and other funds, are expended and accounted for in a manner consistent with this Agreement and State Law, including Section 24 -75 -601 through 605 Colorado Revised Statutes, as amended. 8. Payment Method. Unless otherwise provided in the Scope of Services: a) The Contractor shall periodically initiate all drawdown requests by submitting to the Division a written request using the State - provided form, for reimbursement of actual and proper expenditures of State Housing Development Grant (HDG) funds plus an estimation of funds needed for a reasonable length of time. b) The State may withhold any payment if the Contractor has failed to comply with the financial management requirements, program objectives, contractual terms, or reporting requirements. c) The State may withhold payment of the final five (5) percent of the total contract amount until the Contractor has submitted and the Division has accepted all required financial status reports and performance report information. Page 2 of 9 Pages 9. Audit. The State or other appropriate government agency, or any person designated by such agency, shall have the right to audit said project's construction account and /or project's operating account, provided that such audit is conducted at a reasonable time and in a reasonable manner. 10. Contractor, An Independent Contractor. Contractor shall be an independent contractor and shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability or understanding except as expressly set forth herein. 11. Personnel. The Contractor represents that he has, or will secure at his own expense all personnel, as employees of the Contractor, necessary to perform the work and services required to be performed by the Contractor under this contract. Such personnel may not be employees of or have any contractual relationship with the State and no such personnel are eligible for any employees benefits, unemployment compensation or any other benefits accorded to state employees and Contractor agrees to indemnify the State for any costs for which the State may be found liable in these regards. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder will be performed by the Contractor or under his supervision. The Contractor is responsible for providing Workmen's Compensation coverage and Unemployment Compensation coverage for all of its employees to the extent required by law, and for providing such coverage for themselves. In no case is the State responsible for providing Workmen's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this Agreement, and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. 12. Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor, suspend the contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in accordance with provisions herein. The State may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the project. 13. Contract Termination. This contract may be terminated as follows: a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with Division of Housing Development Grant funds provided to the Divison for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the Division of Housing. In the event that such funds or any part thereof are not received by the Division of Housing, the Division may immediately terminate or amend this Contract. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Page 3 of 9 Pages Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. c) Termination for Convenience. The State may terminate this Contract at any time the State determines that the purposes of the distribution of State HDG monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in subparagraph b above shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty percent (60°x) of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 13b hereof relative to termination shall apply. 14. Modification and Amendment. a) Modification by Operation of Law. This Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or Budgetary Modifications. Contractor shall follow the revision procedures set forth below if programmatic or budgetary modifications are desired: The contractor must submit a written request to the Division and obtain prior written approval from the Division under the following circumstances: a. unless otherwise specified in the Scope of Services, when cumulative budgetary changes exceed five (5) percent of the total contract amount or Five Thousand Dollars ($5,000), whichever is less; b. when the scope, objective or completion date of the Project changes; c. when additional or less State funding is needed; Under the following circumstances and in addition to the foregoing procedure, prior approval for changes must be authorized by the State in an amendment to this contract properly executed and approved in accordance with applicable law: a. when cumulative budgetary changes exceed ten (10) percent of the total contract amount or Twenty Thousand Dollars ($20,000), whichever is greater; b. when the scope, objective or completion date of the Project changes substantially, as determined by the Division; and c_ when any additional State funding is needed. Page 4 of 9 Pages Under such circumstances, the Division's approval is not binding until memorialized in the contract amendment. c) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other than as set forth in subparagraphs a and b above, written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. 15. Integration. This Contract, as written, with attachments and references, is intended as the complete integration of all understanding between the parties at this time and no prior or contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law. 16. Reports. a) Financial Reports. The Contractor shall submit to the Division three (3) copies of financial status report in the manner and method prescribed by the Division in the scope of services set forth in Exhibit A. b) Performance Reports. The Contractor shall submit to the Division three (3) copies of performance reports in a manner and method prescribed by the Division in the scope of services set forth in Exhibit A. 17. Conflict of Interest. a) In the Case of Procurement. In the procurement of supplies, equipment, construction and services by the Contractor and its subcontractors, no employee, officer or agent of the Contractor or its subcontractors shall participate in the selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent; any member of his immediate family; his partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the party or firm selected for award. Officers, employees or agents of the Contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything of monetary value from parties or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items is nominal. b) In all Cases Other Than Procurement. In all cases other than procurement (including the provision of housing rehabilitation assistance to individuals, the provision of assistance to businesses, and the acquisition and disposition of real property), no persons described in subparagraph i) below who exercise or have exercised any functions or responsibilities with respect to HDG activities or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. i) Persons Covered. The conflict of interest provisions of this paragraph b) apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor or of any designated public agencies or subcontractors receiving HDG funds. Page 5 of 9 Pages ii) Threshold Requirements for Exceptions. Upon the written request of the Contractor, the State may grant an exception to the provisions of this subparagraph b) when it determines that such an exception will serve to further the purposes of the HDG program and the effective and efficient administration of the Contractor's Project. An exception may be considered only after the Contractor has provided the following: a. A disclosure of the nature of the conflict, accompanied by an assurance that: L there has been or will be a public disclosure of the conflict and a description of how the public disclosure was or will be made; and ii. the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific HDG assisted activity in question; and b. An opinion of the Contractor's attorney that the interest for which the exception is sought would not violate State or local law; and c. A written statement signed by the chief elected official of the Contractor holding the State harmless from all liability in connection with any exception which may be granted by the State to the provisions of this subparagraph b); iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception after the Contractor has satisfactorily met the requirements of subparagraph ii) above, the State shall consider the cumulative effect of the following factors, where applicable: a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the Project which would otherwise not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low or moderate income persons intended to be beneficiaries of the HDG assisted activity, and the exception will permit such person to receive generally the same benefits as are being made available or provided to the group or class; d. Whether the interest or benefit was present before the affected person was in a position as described in this subparagraph b); e. Whether undue hardship will result either to the Contractor or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and f. Any other relevant considerations. 17. Election not to Grant. Notwithstanding any other provision hereof, the Division of Housing may elect not to make payment on the grant if: a. Contractor shall have made any misrepresentations of a material nature in its application for the grant, or in any supplement thereto, or in this contract, or in any document furnished by it, to the Division of Housing relative to the initiation of the project; Page 6 of 9 Pages b. There is pending or threatened litigation with respect to the grant or the performance by the Contractor of any of its duties or obligations hereunder which may jeopardize or adversely affect the initiation of the project; Contractor does not strictly comply with any provisions of this contract, the Act, the Guidelines, and /or the Policies and Procedures of the Division of Housing; and, d. The project, in the opinion of the Division of Housing, cannot proceed because of the inability to continue or complete land options or agreements, or secure zoning, or due to any action by any branch of government which impairs the use of the project for the proposed project purposes. 18. Approvals. Contractor shall obtain all necessary public approvals, including zoning, building, health and fire approvals, for use and occupancy of said property for said purpose. 19. Competitive Bids. All construction or rehabilitation work undertaken with State funds shall be competitively bid unless otherwise authorized by the State. 20. Hold Harmless. Contractor, in consideration for State's promises herein set forth, promises to indemnify, save and hold harmless and defend State, and all of its employees and agents, acting officially or otherwise, from any and all liability, claims, demands, actions, debts and attorney fees arising out of, claimed on account of, or in any manner predicated upon loss or damage to the property of and injuries to, or death of all persons whatsoever, which may occur, or is sustained in connection with the performance of this contract, or by conditions created thereby, or based upon any violation or any statute, ordinance, or regulation, and the defense of any such claims or actions. 21. Non - Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules, regulations and executive orders of the Governor of Colorado involving non - discrimination on the basis of race, color, religion, national origin, age, handicap or sex. In compliance with paragraph 5 of the Special Provisions section of this contract, Contractor agrees to consider minorities or minority businesses as employees, specialists, agents, consultants or subcontractors under this contract. Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non- discrimination and affirmative action requirements of this contract and applicable statutes. 22. Survival of Provisions. Notwithstanding any termination of this contact, the survival of provisions shall continue in force and effect as to any provisions hereof which require observance or performance by the State and Contractor subsequent to the date specified for termination, and it is understood and agreed such provisions shall survive any said termination date. Page 7 of 9 Pages SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will 'sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38 -26 -106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignces pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24 -34 -402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub - contracts. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. Form 6- AC -02B Revised 1/93 395.53 -01 -1022 page 8 of 9_ pages (g) In the event of the contractor's non - compliance with the non - discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (h) The contractor will include the provisions of paragraphs (a) through (h) in every sub - contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub - contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8 -17 -101 & 102 for preference of Colorado labor arc applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8 -19 -101 and 102) GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra - judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defence, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 9. The signatories aver that they are familiar with CRS 18 -8 -301, et. seq., (Bribery and Corrupt Influences) and CRS 18 -8 -401, ct. seq., (Abuse of Public Officc), and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor: City Of Pueblo (Full Legal Name) City Of Pueblo A unicipal poi Lion P ition(Tnic) Joyce Lawrence, President of t he City Council I.D. #84- 6000615 Social Security Number w federal I.D. Number If Corporation:) A B STATE OF COLORADO ROY RO ( 77 1 Bv - W y •5 EXECUTIVE D ECTO ME OF Lo Ca NZffairS OF IA APPROVALS CONT AF tt RO V PIES Mtwl At 1 « Revised 1193 Page 9 which is the last of 9 pages 395 -53 -01 -1030 'See instructions on reverse side. Attest (Seal By Corporate Seereta , or Equivalent. To n iry/Counry Clerk EXHIBIT A Scope of Services EXHIBIT A SCOPE OF SERVICES CITY OF PUEBLO - 93 -076 1. General Provisions. This project is for the rehabilitation of approximately eleven (11) owner occupied housing units to be selected from three targeted neighborhoods. The targeted neighborhoods are: Bessemer, Bradford, and Hyde Park. State funds would be leveraged .pith funds committed by the City of Pueblo, Columbia Savings, Bank One, to buy down interest rates to affordable blended rates. The average total cost per unit will be approximately $25,000, one -half of which will be State funds. State funds will be loaned at 3% for 15 -20 year to qualified families. 2. Specific Responsibilities. A. The Division of Housing will monitor this project. B. The Contractor shall ensure that any and all subcontracts entered into by the Contractor or any of its subcontractors shall comply with all applicable State and local laws and requirements. 3. Project Activities and Budget. Funds from sources other than HOME shall not be considered matching funds subject to federal audit requirements. 4. Time of Performance. A. The contract shall become effective upon its execution date. B. This contract shall expire on March 31, 1995. However, the project time of performance may be extended, subject to mutual agreement of the State and Contractor. To initiate an extension, a written request submitted to the State by the Contractor at least thirty (30) days prior to March 31, 1995, and shall include a full justification for the extension request. 5. Reporting Requirements. The Contractor shat) provide quarterly financial and performance reports to the Department of Local Affairs, Division of Housing. Report forms shall be provided by the Division of Housing. 6. Special Provisions. In consideration for the grant monies to be received from the State, the State expects the City of Pueblo to ensure that the units will remain affordable for 20 years. Specifically, all eight units shall be occupied by owners with incomes less than 80% of the median family income for twenty years. If the unit is sold to a non - qualifying family during this period, the loan to the homeowner shall be due on sale % ^iith the proceeds used to further the development of affordable housing for low and moderate income households in the City of.Pueblo. . Other F Project Activities Total Project -DCH Grant Amount Source Cost Rehabilitation 262,000 131,000 $34,500 Columbia Savings /Bank One 96,500 City of Pueblo Administration 28,000 28,000 City of Pueblo Total $290,000 $131,000 $159,000 Funds from sources other than HOME shall not be considered matching funds subject to federal audit requirements. 4. Time of Performance. A. The contract shall become effective upon its execution date. B. This contract shall expire on March 31, 1995. However, the project time of performance may be extended, subject to mutual agreement of the State and Contractor. To initiate an extension, a written request submitted to the State by the Contractor at least thirty (30) days prior to March 31, 1995, and shall include a full justification for the extension request. 5. Reporting Requirements. The Contractor shat) provide quarterly financial and performance reports to the Department of Local Affairs, Division of Housing. Report forms shall be provided by the Division of Housing. 6. Special Provisions. In consideration for the grant monies to be received from the State, the State expects the City of Pueblo to ensure that the units will remain affordable for 20 years. Specifically, all eight units shall be occupied by owners with incomes less than 80% of the median family income for twenty years. If the unit is sold to a non - qualifying family during this period, the loan to the homeowner shall be due on sale % ^iith the proceeds used to further the development of affordable housing for low and moderate income households in the City of.Pueblo. . EXHIBIT B Definition of Moderate, Low and Very Low Income Households and Persons 0 Household Size County Tyne of IloutehoW I Person 2 rerson Perso 4 Person 5 Person 6 Person 7 Person 8 Person LAKE COUNTY Moderate Income 18700 214M 24050 26700 28850 31000 33150 35250 Low Income 11700 13350 15050 16700 18050 19350 20700 22050 LA PLATA COUNTY Moderate Income 199M 22100 25550 28400 30650 32950 35200 375M Low Income 12450 14200 15950 17750 19150 20600 22000 23450 LARIMER COUNTY Moderate Income 23850 27250 30650 34100 36800 39550 42250 45000 Loa Income 14900 17050 19150 21300 23000 24700 26400 28100 LAS ANIMAS COUNTY Moderate Income 18150 20150 23350 25900 28000 30050 32150 342M Loa Income 11350 12950 14600 16200 17500 18800 20100 21400 LINCOLN COUNTY Moderate Income 18150 20150 23350 25900 2WW 30050 32150 ' 34200 Loa Income 11350 12950 14600 162M 17500 18800 20100 21400 LOOAN COUNTY Moderate income 18150 20150 23350 25900 28000 30050 32150 34200 Loa Income 11350 12950 14600 16200 175M 18800 20100 21400 MESA COUNTY Moderate Income 206M 23530 26500 29450 31800 34150 21350 36500 22800 38850 24300 Low income 12900 14700 16550 18400 198511 MINERAL COUNTY Moderate Income 18150 20150 21350 25900 28000 30050 32150 20100 34200 21400 Low Income 11350 12950 14600 16200 17500 18800 MOFFAT COUNTY Moderate Income 22950 26230 295M 3NW 35400 38050 40650 25400 43300 27050 Low Income 14350 16400 18450 20500 22510 23800 MONTEZUMA COUNTY Moderate Income 18150 20750 23350 25900 28000 30050 18800 32150 20100 342M 21400 Low Income 11350 12950 14600 16200 175M MONTROS8 COUNTY Moderate Income 21550 24650 27700 30800 33250 35750 22350 38200 23850 40650 25400 Low Income 13500 15400 173W 19250 20800 MOROAN COUNTY Moderate Income 18150 2150 23350 25900 2WW 17500 30050 18800 32150 21M 34200 21400 Low Income 11350 12950 14600 16200 OTERO COUNTY Moderate Income 18150 2750 23150 14600 25900 16200 2WW 17500 30050 18800 32150 2100 34200 21400 Low Income 11350 12950 OURAY COUNTY Moderate Income 21550 24650 27700 30800 19250 33250 20800 35750 22350 38200 23850 40650 254M Low Income 133M 15400 17300 PARK COUNTY Moderate Income 22900 262M 29450 18400 32700 20450 35330 22100 37950 23700 40550 25350 43200 27000 Low Income 14300 16350 PIIILLIPS COUNTY Moderate Income 18150 20750 23350 14600 25900 16200 28000 175M 30050 18800 32150 20100 34200 21400 Law Income 11350 12950 27800 31750 35750 39700 42900 46050 49250 52400 PTTKIN COUNTY Moderate Income 24500 21550 30600 33050 35500 37950 40400 Low Income 21400 18150 2750 23350 25900 2WW 30050 32150 34200 PROWERS COUNTY Moderate income 12950 14600 16200 17500 18800 2100 21400 Low Income 11350 D -3 Iousehold Size Uuntr Type of Household I Perso 2 Person 3 Person 4 Person 5 Person 6 PC rso 7 Person PB erson DELTA COUNTY Moderate Income 21550 24650 27700 30800 33250 35750 38200 40650 Low Income IBM 15400 17300 19250 20000 22350 23850 25400 DENVER COUNTY Moderate Income 26000 29700 33400 37100 40100 43050 46050 49000 Low Income 16250 111.550 20900 23200 25050 26900 28750 30600 DOLORE3 COUNTY Moderate Income 18150 20750 233M 25900 28000 IM50 32150 342M Low Income 11350 12950 14600 16200 17500 18800 201M 21400 DOUGLAS COUNTY Moderate Income 26000 29700 33400 37100 40100 43050 46050 49000 Low Income 16250 18530 20900 23200 25050 269M 28750 30600 PAOLO COUNTY Moderate Income 26600 30400 34200 38000 41050 441M 47100 ' So15o Low Income 16650 19000 21350 23750 25650 27550 29450 31350 ELJBERT COUNTY Moderate Income 23000 26300 29600 32900 355M 38150 40750 43400 Low Income 14400 16450 18500 20550 222M 23850 25500 27150 EL PASO COUNTY Moderate Income 21900 25000 28150 31300 339M 36300 38800 41300 Low Income 13700 15650 17600 19550 21100 22700 24250 258M FREMONT' COUNTY Moderate Income 18150 WM 23350 25900 2WW 30050 32150 342M Low Income 11350 12950 14600 16200 17500 18800 20100 21400 GARFIE.L D COUNTY Moderate leeome 20900 23850 26850 29850 32150 34600 37000 39400 Low Income 13050 14900 168M 18650 20150 21650 23150 24600 GILPIN COUNTY Moderate Income 23350 267M 30000 33350 36050 38700 41350 44050 Low Income 14600 16700 18750 20850 225M 24200 25950 27500 GRAND COUNTY Moderate Income 22000 25150 28300 31450 33950 36450 39000 41500 Low Income 13750 15700 17700 19650 212M 229M 24350 25950 GUNNISON COUNTY Moderate Income 21550 24650 27700 30800 33250 35750 38200 40650 Low Income 13500 t5400 17300 19250 208W 22350 23850 25400 HINSDALE COUNTY Moderate Income 21550 24650 27700 30800 19250 33250 20600 35750 22350 38200 23850 40650 25400 Low Income 13500 15400 17300 HUERFANO COUNTY Moderate Income 18150 20750 23350 25900 16200 28000 17500 30050 18800 32150 20100 34100 21400 Low Income 11350 12930 14600 JACKSON COUNTY Moderate Income 21550 24650 27700 30800 19250 33250 20800 35750 22150 38200 23850 40650 254M Low Income 11500 15400 t7300 JEFFERSON COUNTY Moderate income 26000 29700 33400 37100 23200 40100 25050 43050 26900 46050 28750 49000 30600 Low Income 16250 18530 20900 KIOWA COUNTY Moderate Income 18150 20750 23350 14600 25900 16200 28000 17500 30050 188M 32130 20100 34200 21400 Low Income 11350 12950 KIT CARSON COUNTY Moderate Income 18150 20150 23330 14600 23900 16_+00 215000 17300 30050 188M 32150 20100 34200 214M Low Income 11350 12930 W3 D4 Ilousehold Size Cpunh True of H ousehold Iperson 2 Penon 3 Perso 4 Person 5 rerson 6 Person 7 Person 8 t'_ esso�r PUEBLO COUNTY Moderate Income 18150 20750 23350 25900 28000 30050 32150 34200 Low Income 11350 12950 14600 16200 17500 I8800 20100 21400 RIO BLANCO COUNTY Moderate Income 2MW 25150 28300 31450 33950 36450 39000 41500 Lam Income 13750 137W 17700 19650 21200 228M 24350 25950 RIO WANDS COUNTY Moderate Income 18150 20750 23350 25900 28000 30050 32150 34200 Low Income 11350 12950 14600 16200 17500 18800 201W 21400 ROUrr COUNTY Moderate Income 23900 27350 30750 34150 36900 39600 42350 45100 Low income 14950 17100 19200 21350 23050 24750 26450 28200 SAGUAt3i8 COUNTY Moderate Income 18150 20750 23350 25900 28000 30050 32150 34200 m Low Incoe 11350 12950 14600 16200 17500 18800 20100 21400 SAN JUAN COUNTY m Moderate Incoe 18650 213M 24000 26650 28750 30900 33050 35150 Low Income 11630 13300 15000 16650 18000 19300 20650 220W SAN MIGUEL COUNTY Moderate Income 21550 24650 27700 30800 33250 35750 38200 40650 Low Income 13500 15400 17300 19250 208110 22350 23850 25400 SEDOWIt7C COUNTY Moderate income 18150 20750 23350 25900 2WW 30050 32150 34200 Law income 11350 12950 14600 16200 17500 18800 20100 21400 SUMMrr COUNTY Moderate Income 26950 30800 34650 38500 41550 44650 47700 50900 31750 Low Income 16850 19250 21650 24050 25950 27900 299M TELLER COUNTY Moderate Income 22850 26100 29400 32650 35250 378M 40450 43100 Low Income 143M 16300 18350 20400 21050 23650 25300 26950 WASHINGTON COUNTY Moderate Income 18150 20750 23350 25900 28000 30050 18800 32150 20100 34200 21400 Low Income 11350 12950 14600 16200 17500 WELD COUNTY Moderate Income 19900 22700 25550 28400 30650 32950 35200 22000 37500 23450 Low Income 11450 14200 15950 17750 19150 20600 YUMA COUNTY Moderate Income 18150 20750 23350 25900 16200 28000 17500 30050 18800 32150 20100 34200 21400 Low Intone 11350 12950 14600 D4 Prohibit D Effective May 5, 1993 MAXIMUM INCOMES FOR 'LOW - INCOME' AND 'MODERAMNCOME' HOUSEIIOLDS — in current (1993) dollars (to be used only for CDDO projects funded under the 1988 and subsequent CDDO Program Ouidelines) Persons whose current household Incomes do not exceed these maximum Income limits are considered to be low and moderate Income (LMI) persons In the CDDO program. CDDO grantees and applicants whose projects involve the individual selection and qualification of beneficiaries based on their current Incomes (as Is the case in housing rehabilitation, job creation and other 'direct benefit' projects) must use these income limits in determining whether beneficiaries are LMI persons. CDBG tmntees and applicants using Department - approved surveys to obtain Information on the curtest Incomes of project beneficiaries must use these Income limits to estimate the LMI benefit of project activities. CDDO grantees and applicants using 1969 Income data (from the 19911 Census) to estimate the LMI benefit of project activities are 041 permitted to use these current (1993) Income limits, but rather must use the 1989Income limits contained In Appendix C of the CDOO Program Guidelines and a HUD - prescribed methodology. In other words, these Nrrent (1993) Income limits are to be used with u� jgnj Income Information, and the 19N Income limits contained in Appendix C of the CDDG Program Guidelines are to be used with 1_989 Income data reported In the 1990 Census. Household Site rat Type of Household I Person 2 Perso 3 Person 4 Person Person 6 Person Person 8 Person ADAMS COUNTY Moderate Income 26000 29700 33400 37100 40100 43050 46050. 49000 Low Income 16250 18550 20900 23200 25050 26900 28750 30600 ALAMOSA COUNTY Moderate Income 18150 20750 23350 25900 2WW 30050 32150 34200 Low income 11350 12950 14600 16200 17500 18800 20100 21400 ARAPAHOS COUNTY Moderate Income 26000 29700 33400 37100 40100 43050 46050 49000 Low Income 16250 18550 20900 23200 25050 26900 28750 30600 ARCHULErA COUNTY Moderate Income 18130 20730 23350 23900 28000 30050 32150 342M Lau Income 11350 12950 14600 16200 17500 188W 20100 21400 BACA COUNTY Moderate Income 18150 20750 23350 25900 28000 30050 32150 34200 Low Income 11350 12950 14600 16200 17500 18800 20100 21400 BENT COUNTY Moderate Income 18150 20750 23350 25900 28000 30050 32150 342M Low Income 11310 12950 14600 16200 173M 18800 20100 21400 BOULDER COUNTY Moderate Income 27800 31750 33750 39700 42900 46050 49250 12400 Low Income IT= 20200 22700 25250 27210 29300 3DW 33310 CHAFFEE COUNTY Moderate Income 18150 20750 23350 25900 26000 30050 32150 34200 Low income 11350 12950 14600 162M 11500 18800 20100 21400 CHEYENNE COUNTY Moderate Income 19400 22150 24900 27700 17300 29900 18700 32100 20050 34300 21450 36550 22850 Low Income 12100 131150 15150 CLEAR CREEK COUNTY Moderate Income 26550 30350 34150 37900 23700 40950 21600 44000 27500 47000 29400 50050 31300 Low Income 16600 18910 21350 CONEIOS COUNTY Moderate Income 18110 20750 23350 14600 25900 16200 28000 17500 30050 18800 32150 20100 34200 21400 Low Income 11350 12950 COSTTLL A COUNTY Moderate Income 18150 20750 233M 25900 16200 28000 175M 30050 188M 32150 20100 34200 21400 Low income 11310 12950 146M CROWLEY COUNTY Moderate Income 18150 20750 23350 14600 25900 162W 2WW 17500 30050 16800 32150 20100 34200 21400 Low Income 11350 12950 CUSTER COUNTY Moderate Income 18150 20750 233M 14600 25900 16200 28000 175M 30050 18800 32150 20100 34200 21400 Low Income 11350 12950 &1 DEPARTMENT OR AGENCY NUMBER NAA CONTRACT ROUTING NUMBER G so - _ X44 BUDGET GRANT LINE HDG #93 -076 FIRST AMENDMENT THIS CONTRACT, made this day of 104, by and between the State of Colorado for the use and benefit of the Departmen of Local Affairs, Division of Housing, 1313 Sherman Street Room 323, Denver, Colorado 80203 hereinafter referred to as the State, and the City of Pueblo, #1 City Hall Place, Pueblo, CO 81003, hereinafter referred to as the Contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 100, Appr. Code Number 291, Contract Encumbrance Number C854232 and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the parties heretofore entered into a Contract dated the 30th day of April, 1994, contract routing number 94 -0265 and contract encumbrance number C854232, hereinafter called the original contract, for the performance of services and work, in consideration for Housing Development Grant funds; WHEREAS, the original contract contained an incorrect termination date; NOW, THEREFORE, it is hereby agreed that: Provision 48. of Exhibit A shall be amended to read as follows: B. This Contract shall expire on December 20, 1995, except that the Contract may be extended by mutual agreement of the State and Contractor. Any requests for extension by the Contractor shall be submitted to the State at least 30 days prior to the expiration of the Contract with a full written justification for the extension request. 2. Except as herein amended, all other contract provisions shall remain in full force and effect. 3. In the event of any conflict, inconsistency, variance or incongruity between provisions of this Contract Amendment or any of its attachments or exhibits, and any of the provisions of the Original Contract, or its attachments or exhibits, the provisions of this Contract Amendment shall in all respects supersede, govern and control. Page 1 of 3 Pages SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year arc contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38 -26 -106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24- 34 -402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub - contracts. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. Form 6- AC -02B Revised 1/93 395.53 -01 -1022 page _2 of ,3 pages (g) In the event of the contractor's non - compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (h) The contractor will include the provisions of paragraphs (a) through (h) in every subcontract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8 -17 -101 dt 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and arc financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non- resideat bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8 -19 -101 and 102) GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra - judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defence, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 9. The signatories aver that they are familiar with CRS I8 -8 -301, ct, seq., (Bribery and Corrupt Influences) and CRS 18 -8 -401, et. scq., (Abuse of Public Office), and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the panics hereto have executed this Contract on the day first above written. Contractor: City of Pueblo (Fu1lLcga1Namc) City of Pueblo A MunicipaL Corporation Position(Titic) Lewis A. Quigley, ity Manage I. #84- 6000615 Social Security Number or Federal I.D. Number If Corporation:) Attest (Seal) By orpora:c S «ntary, of EK-1cm, ToW I /Couwy Ckrk STATE OF COLORADO ROY RO ,GOVERNOR n •S EXECUTIVE DtR OR DEPARTMENT OF Local Affai APPROV "I ROVALS. ATTORNEY GE RAL GAL ' �N CON TR MTE C o 'a•p ^ OLLER RA By By ID ' A- All All U F L IEGAI . VICES UhNMAL Form 6- AC -02C Revised 1/93 page _ 3 which is the last of 3 pages 395 -53 -01 -1030 'Sec instructions on reverse side.